The long-running story of firstly moorings then pontoons on the Island began with the first resident - Andrew Colquhoun - who arrived on the Island in January 1973 and wanted to moor his boat. After a brief meeting with the Council Engineers he was brusquely told

“… you can get no mooring!”, and noted “... the Senior Engineer having a marked distaste for the whole (St Huberts Island) project.”

With the formation of the St Huberts Island Residents Association in 1976, meetings were continually bogged down with many recurring issues - one of them being boating in the canals. Eventually this issue (and dogs loose on the Island) were banned from discussion at Association meetings.

It was about 20 more years of the Council considering the issue too difficult before they began forming a widely criticised policy concerning moorings and pontoons in these “drainage reserves” - our canals. Initially there were many imposing restrictions with some being impractical.

It was the recently retired Association President - Ron Spratt - who 16 years ago, took hold of the mess which was pontoons and moorings in our canals, and worked with Council to arrive at the best possible compromise result for all Island canal residents.

In 2000 the Council adopted the “Development Control Plan 145 - Mooring Facilities on St Huberts Island”. It was another six years before this DCP 145 was finally sorted out - a decade in total. Council kept back-tracking, were confused in their description and implementation of the plan, held public meetings - one meeting made null-and-void, changing the legal methods used, NSW Maritime unilaterally making decisions, and a Council sub-committee which was no help to Islanders.

Finally in 2006 after considerable “blood, sweat and tears” from Ron Spratt and the Association, Islanders were able to “welcome” the final version of DCP 145.

The final “Development Control Plan 145 - Mooring Facilities on St Huberts Island”

The main features of this final plan for St Hubert’s canals are -

The canals are actually drainage reserves for street drains and surface water runoff.

The canals are blocks of “land” owned by the Council, and with their own Lot Number.

We need to deal with Council in order to place our pontoon, walkway and mooring poles on their land.

So called “outside blocks” on the Island build their jetty/walkway/pontoon on NSW Government “land”, so deal with State Government departments.

Existing pontoons (before the creation/implementation of the DCP) need to apply for a Development Approval for the existing pontoon, and modify it to meet new requirements - or remove it!

Council says pontoons must now be shared between two properties - although they are allowing single property pontoons.

A yearly fee is paid to Council annually for pontoons placed on Council land - currently $819 for a single property pontoon and $388.50 each for dual properties - with CPI increases.

These fees are placed in a Council fund to be used in the future for Canal maintenance. Interest will also accrue, and other moneys may be placed in this fund by Council as voted from time to time.

The last time the canals were maintained was in the 1970s… when the Island was “built”!

Council has indicated a maximum of 10% of this fund will be used to create a Plan Of Management.

Permission to use Council land, build the structure and berth a vessel is achieved by a Deed of Licence with Council.

A Positive Covenant is also required which is registered on your property title.

Your original Certificate of Title for your property needs to be presented to the NSW State Registry - Land and Property Information, for the positive Covenant registration.

Legal fees are associated with the preparation of the Deed of Licence and Positive Covenant - current in excess of $1200 for a single licence pontoon.

This Deed of Licence expires after 5 years and needs to be renewed.

Renewal of the Deed of Licence means a new Positive Covenant as well, to again be registered on your Certificate of Title.

Each five years, far in excess of $1200 will be required for the same processes!

… AND IT IS THIS FIVE YEAR CYCLE OF RENEWALS AND LEGAL FEES THAT HAS ALL PONTOON OWNERS (AND FUTURE OWNERS) ON THE ISLAND, UP-IN-ARMS.